GUNINDER SINGH GURON Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INITIALLY , the present writ petition was filed praying for a direction that respondent no. 3 -Medical Council of India (in short 'MCI') should be directed to take a decision on the recommendation dated 14.03.2014 (Annexure P -3) submitted by respondent no. 1 -State for relaxation of 5% marks in All India Post Graduate Medical Entrance Examination (AIPGMEE -2014) entrance test in respect of general category candidates belonging to the category of 60% quota candidates (PCMS in service Doctors) in terms of Provisio to Clause 6 of the notification No. 5/33/2013 -3HB -III/8618 dated 23.12.2013 on account of non -filling of the seats in the respective Government medical colleges. On notice of motion being issued, decision was taken by the Municipal Council on 07.05.2014 (Annexure P -5) which is now the subject matter of challenge in the amended writ petition which was filed thereafter. Vide the said order, respondent no. 3 has rejected the representation of the State by placing reliance upon the Post Graduate Medical Regulations, 2000 (hereinafter referred to as 'the Regulations') as amended vide Gazette notification dated 21.07.2009. Vide order dated 19.05.2014, it was agreed between the counsel for the parties that since the dispute was centered around the interpretation of the Regulations and there was no need to wait for replies since the cut off date was nearing i.e. 31.05.2014, resultantly, counsel for both the parties have addressed arguments.

(2.) THE plea taken now in the amended writ petition is for quashing the said decision dated 07.05.2014 (Annexure P -5) on the ground that amendments had been made in the regulations on 17.11.2009, 21.12.2010 and 15.02.2012 (Annexures P -6 to P -8) respectively, which provided for relaxation to the in service candidates who are serving in remote/difficult areas and, therefore, further prayer was also made for issuance of a writ of mandamus directing respondent no. 3 to relax the marks.

(3.) TWO questions that thus arise for consideration before this Court are whether the decision of the MCI was justified in rejecting the request of the State Government and whether the petitioners have any legal right for seeking a writ of mandamus praying for a direction to the respondents to relax the marks in view of the notifications Annexures P -6 to P -8. A perusal of the prospectus would go on to show that as per Clauses 6 to 8 of the prospectus, admission is to be based on the rules and regulations of the notification as per the merit of the candidate determined on the basis of AIPGMEE -2014. Similarly, clause 2 provides the general eligibility conditions for admission to the Post Graduate courses which is to be as per the notification dated 23.12.2013. Clause 4.2 further provided that eligibility was to be determined by the said notification and by the Selection Committee at the time of counseling those not eligible as per Punjab Government notification were not to be considered for admission. Clause